Constitution

Which one of the following statements is not correct about the Right to Constitutional Remedies under Article 32 of the Constitution of India?

  1. It is a right for the enforcement of Fundamental Rights.
  2. The Supremo Court has the power to issue writs under this provision.
  3. The rights guaranteed by this Article cannot be suspended.
  4. The Parliament can empower any other court to exercise the powers of issuing writ under this provision.

Answer

If rights are like guarantees, they are of no use if there is no one to honour them. The fundamental rights in the Constitution are important because they are enforceable. This is called the Right to Constitutional Remedies. This itself is a Fundamental Right. This right makes other rights effective. When any of our rights are violated, we can seek remedy through courts. If it is a Fundamental Right we can directly approach the Supreme Court or the High Court of a state. There can be no law or action that violates the Fundamental Rights.

The Supreme Court and High Courts have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights. They can also award compensation to the victims and punishment to the violators. In India, the judiciary is independent of the government and the parliament.

The correct option is D.